Ragan v. Chenault
| Decision Date | 17 September 1880 |
| Citation | 78 Ky. 545,1 Ky.L.Rptr. 258 |
| Parties | Ragan v. Chenault. |
| Court | Kentucky Court of Appeals |
An agent cannot bind his principal as surety for another, unless his authority so to do be in writing (Gen. Stat., p. 252) and a subsequent parol ratification by the principal of such act of his agent not thus authorized cannot make the original signing effective.
APPEAL FROM MONTGOMERY CIRCUIT COURT.
REID & STONE FOR APPELLANT.
Although an agent sign his principal's name as surety for another without any written authority to do so, such signing may thereafter be verbally ratified so as to make it binding upon the principal. (2 Greenleaf on Evidence, page 297; Forsythe v. Bonta, 5 Bush, 547; 8 Pick., 59; Williams v. Rogers, 14 Bush; 9 Cranch, 153; 2 Condensed Reports, 533.)
WM. H HOLT FOR APPELLEE.
1. The statute provides that " no person shall be bound as the surety of another by the act of an agent, unless the authority of the agent is in writing, signed by the principal" (Gen. Stat., p 252); and to hold that the act of the agent can be made binding upon the principal by his subsequent verbal ratification would be to defeat the object of the statute.
O. S TURNEY ON SAME SIDE.
The language of appellee, relied upon as a ratification of the signing of the note, is not sufficient for that purpose. ( Forsythe v. Bonta, 5 Bush, 547.)
The statute provides that " no person shall be bound as the surety of another by the act of an agent, unless the authority of the agent is in writing, signed by the principal." (General Statutes, page 252.)
The appellant Ragan instituted this action against J. W. Chenault on two notes executed by the latter as the surety of Joseph Chenault--one note for $2,000, dated December, 1874, and the other for $1,000, dated in January, 1879. Chenault (the appellee) denies the execution of the notes, and alleges that his name was signed in the character of surety only, by the principal, and without any written authority from him for that purpose.
The appellant relies on the subsequent ratification by the appellee of the act of the principal in affixing his name to the paper. The law and facts were submitted to the court, and a judgment for the surety.
The mischief intended to be provided against by this statute was to prevent the use of one's name as surety in obligations, so as to fix upon him a liability, with no other evidence than the...
To continue reading
Request your trial
-
Brandon v. Pritchett
...to the express terms of the act, have given it the force and effect of a lease at will, and nothing more." In the case of Ragan v. Chenault, 78 Ky. 545, It Is held that "an agent cannot bind his principal as surety for another, unless his authority so to do be in writing (Gen. St. p. 252), ......
-
Clinton v. Hibbs' Ex'x
... ... ratification, it would not avail plaintiff in this case, ... since this court held in the cases of Ragan v ... Chenault, 78 Ky. 545, and Riggan v. Crain, 86 ... Ky. 249, 5 S.W. 561, 9 Ky. Law Rep. 528, that a surety, whose ... name was signed to the ... ...
-
Bigler v. Baker
...89 Ill. 102; Anderson v. Hubbell, 93 Ind. 570; Robbins v. Magee, 76 Ind. 381; Sims v. City of Frankfort, 79 Ind. 452; Ragan v. Chenault, 78 Ky. 545; Pollard Gibbs, 55 Ga. 45; Wilson v. Butler, 33 Eng. Com. Law, 956.) Holmes, Cornish & Lamb and R. J. Greene, contra: The court was not in erro......
-
Union Cent. Life Ins. Co. v. Johnson's Adm'x
... ... Gus ... Thomas, for appellant ... Shelbourne ... & Kane, J. M. Brummel & Son, and Hazelrigg & Chenault, for ... appellee ... HOBSON, ... Robert ... Johnson died a resident of Hickman county, and this suit was ... within the mischief of the statute as the parol authority ... given when the note was signed. Ragan v. Chenault, ... 78 Ky. 545. But in Riggin v. Crain, 86 Ky. 249, 5 ... S.W. 651, where the surety's name has been signed in this ... way to an ... ...